Control and Management of Ferries Rules, 1968

No: -- Dated: Apr, 01 1968

The Control and Management of Ferries Rules, 1968

1. (1) These rules may be called the Control and Management of Ferries Rules, 1968.

(2) These rules shall come into force with effect from 1st April, 1968.

2. In these rules unless there is anything repugnant in the subject or context-

(a) 'Lessee' shall mean a person to whom a ferry is settled and shall be deemed to include any agent, boatman or servant employed by the lessee;

(b) 'Ferry' shall mean a ferry as defined and interpreted under Section 3 of the Northern India Ferries Act, 1878 and includes ferries specified from time to time in Appendix 'A' as appended to these rules;

(c) 'Executive Engineer of Inland Water Transport' shall include a Sub-divisional Officer and Sectional Officer of the Inland Water Transport;

(d) 'Director' means the Director of Inland Water Transport, Assam;

(e) 'Recognised non-transport ferry' means and includes a private ferry or private boat authorised by the competent authority which are not used on hire for crossing of persons, animals and goods belonging to the owner of the ferry or boat without using the approach of any public ferry.

Part I

(A) For the control and management of and for the regulating the traffic at all the ferries

3. All ferries shall be under the control of the Executive Engineer, Inland Water Transport; provided that if he shall see fit and necessary he may make over the control of any ferry to any Sub-divisional Officer of the Inland Water Transport in-charge of the Sub-division.

4. (1) All ferries which are let by public auction or by calling for tenders shall be managed by the lessee subject to these rules and the conditions entered in the lease granted for each ferry. Ferry which could not be settled either by public auction or by calling for tenders shall be managed by the Executive Engineer or Sub-divisional Officer, as the case may be, with the approval of the Government.

(2) The Secretary to the Government of Assam in the Transport Department may settle any ferry directly or by negotiation, if so required under Section 3 of the Northern India Ferries Act for any term after taking the technical and administrative opinion of the Director, Inland Water Transport and Chief Ship Surveyor, Assam, if necessary.

5. For each ferry suitable steamer/motor driven ferry vessel/ engined marboats/ engined single boats/ marboats/ single boat, as the case may be, are supplied at the expense of the Inland Water Transport. The lessee shall be responsible as bailee for steamer/ motor driven ferry vessel/ marboats/ engined single boats/ single boats and shall on the expiry or earlier termination of his lease return them to the Executive Engineer/ Sub-divisional Officer, as the case may be, in good condition, allowance being made for fair wear and tear.

6. The Executive Engineer/ Sub-divisional Officer shall see that all marboats and single boats are marked with a free board line. This line shall be of a breadth of not less than two inches and run round the boats from stem to stem at 12 inches distance below the level of the gunwale. The steamer/motor driven ferry vessel shall be marked as per survey certificate.

7. The lessee shall not sublet, encumber or transfer in any other way the ferry leased to him.

8. (i) The lessee shall be bound to cross over the ferry on tender of payment in cash of the authorised toll or on production of a season ticket or pass all persons who can be safely accommodated on the steamer/ motor driven ferry vessel/ engined marboat/ engined single boat/ marboat/ single boat desiring to cross within the hours for which the ferry, according to the terms of lease is open subject to such timing regulations as are prescribed from time to time by Executive Engineer/Sub-divisional Officer of Inland Water Transport during the tenure of the lease. The lessee shall have no claim for refund or remission of any portion of the ferry rent on this ground.

(ii) In addition to the persons, animals, vehicles and other things employed or transmitted on the public service which under Section 15 of the Northern India Ferries Act, 1878 (Act 17 of 1878) or Section 3 of the Indian Tolls (Army) Act, 1901) or Appendix 'B' are exempted from the payment of tolls and the lessee shall cross over free of tolls all such persons, animals, vehicles or other things as may be specified in a declaration made by the State Government even during the tenure of the lease, within the hours of the which the ferry is open.

(iii) The lessee shall not cross over persons whom he may know or suspect to be fugitives from justice or to be bent upon an unlawful purpose. But this rule shall not warrant him in arresting labourers or other persons on the ground that the knows or suspects to be absconding from service.

(iv) In crossing vehicles preference will be given to Governor's and Minister's cars, to all kinds of vehicles, Inland Water Transport Officer's vehicle on duty, to public works department officers' vehicles on duty, to mail motors, mail motors to 1st class cars, 1st class cars to other passenger buses and cars, passenger buses and cars to goods.

9. The lessee shall have in his possession and shall affix on a board where it may be read by all passengers, a schedule showing the rates which he is allowed to charge, and the number of persons, animals and vehicles and weight of other things which he is permitted to carry over at one time and copy of Part I of these rules in English and in Assamese; provided that nothing contained in this rule shall be construed as preventing the Government in the transport department during the continuance of the lease from including new items not covered by the existing schedule of tolls under Section 15 of the Act at such rates as may be considered reasonable.

10. The lessee shall not carry over at one time in the steamer/motor driven ferry vessel/engined marboat/engined single boat/marboat/single boat more than the number of persons, animals, vehicles or things specified in his lease or when a survey certificate is issued subsequently during the tenure of the lease which modified such number, the numbers specified in the survey certificates as permitted to be so carried and notwithstanding tender of the fare, he shall not allow any person in excess of such number to enter upon the said vessel/boats etc. Any person forcing his way on board the steamer/motor driven ferry vessel/engined marboat/engined single boat/marboat/single boat in spite of lessee's/ferry man's warning or continuing on board after being required to land is punishable under Section 25 of the Act with a fine which may extend to fifty rupees.

11. The lessee at his own expense shall provide a shed 15 feet long by 15 feet broad on each side of the ferry for temporary accommodation of persons wishing to cross.

12. A register in the form prescribed by the D.I.W.T. shall be kept in which all vehicles crossing the ferry shall be noted.

The lessee shall furnish monthly to the Executive Engineer/Sub-divisional Officer, as the case may be, a return in the prescribed form supplied to him. He (the lessee) shall fill up every column of the said form properly and completely and shall submit the same in the 1st week of the month succeeding to which it relates to.

13. Approach roads to all transport ferries, and low level bridges are constructed and maintained by the Inland Water Transport Department. The lessee is responsible for conveying immediate information of damages to the approaches to the nearest Moharrir or the officer-in-charge of the ferry (and for making temporary arrangement to prevent the interruptions of traffic, the cost of which will be paid by the I. W. T.) The I. W. T. to provide sufficient means for embarking and disembarking all persons, animals, vehicles and things which the lessee is bound to cross over at his ferry. The lessee shall provide tying and towing ropes and posts for securing the steamer/motor driven ferry vessel/engined marboat/engined single boat/marboat/single boat and handle them at his own cost. Properly constructed landing stages are provided by the I. W. T. on both sides of the ferry.